[Federal Register Volume 68, Number 139 (Monday, July 21, 2003)]
[Proposed Rules]
[Pages 43063-43066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18468]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 935

[OH-249-FOR]


Ohio Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendments.

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SUMMARY: We are announcing receipt of a proposed amendment to the Ohio 
regulatory program under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA or the Act). The program amendment consists of changes 
to the Ohio Administrative Code (OAC) to incorporate a variety of 
changes related to the certification of blasters. The amendment is 
intended to facilitate the certification of blasters in the State's 
non-coal regulatory program as well as to upgrade the coal surface 
mining blaster certification program.

DATES: We will accept written comments on this amendment until 4 p.m. 
(local time), on August 20, 2003. If requested, we will hold a public 
hearing on the amendment on August 15, 2003. We will accept requests to 
speak at a hearing until 4 p.m. (local time), on August 5, 2003.

ADDRESSES: You should mail or hand-deliver written comments and 
requests to speak at the hearing to Mr. George Rieger, at the address 
listed below.
    You may review copies of the Ohio program, this amendment, a 
listing of any scheduled public hearings, and all written comments 
received in response to this document at the addresses listed below 
during normal business hours, Monday through Friday, excluding 
holidays. You may receive one free copy of the amendment by contacting 
the Appalachian Regional Coordinating Center.

    Mr. George Rieger, Field Office Director, Office of Surface Mining 
Reclamation and Enforcement, Appalachian Regional Coordinating Center, 
3 Parkway Center, Pittsburgh, PA 15220, (412) 937-2153.
    Mr. Michael Sponsler, Chief, Ohio Department of Natural Resources, 
Division of Mineral Resources Management, 1855 Fountain Square Court, 
Columbus, OH 43224, (614) 265-6893.

FOR FURTHER INFORMATION CONTACT: Mr. George Rieger, Telephone: (412) 
937-2153. Internet: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background on the Ohio Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations

I. Background on the Ohio Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its program includes, among other things, ``* * * a State law which 
provides for the regulation of surface coal mining and reclamation 
operations in accordance with the requirements of the Act * * *; and 
rules and regulations consistent with regulations issued by the 
Secretary pursuant to the Act.'' See 30 U.S.C. 1253(a)(1) and (7). On 
the basis of these criteria, the Secretary of the Interior 
conditionally approved the Ohio program on August 10, 1982. You can 
find background information on the Ohio program, including the 
Secretary's findings, the disposition of comments, and conditions of 
approval of the Ohio program in the August 10, 1982, Federal Register 
(47 FR 34687). You can also find later actions concerning Ohio's 
program and program amendments at 30 CFR 935.11, 935.15, and 935.16.

II. Description of the Proposed Amendment

    By letter dated June 11, 2003, Ohio sent us a proposed amendment to 
its program (Administrative Record Number OH-2183-00) under SMCRA (30 
U.S.C. 1201 et seq.). Ohio sent the amendment to include changes made 
at its own initiative. By electronic mail dated June 18, 2003, Ohio 
sent us a revised version of the original submittal (Administrative 
Record Number OH-2183-01)
    The provision of the OAC that Ohio proposes to revise is: OAC 
1501:13-9-10, concerning training, examination, and certification of 
blasters. In its original submittal of this amendment, Ohio stated that 
it has passed legislation extending the requirement for blasting 
operations to be conducted by a certified blaster to apply to non-coal 
surface mining as well as coal surface

[[Page 43064]]

mining. Therefore, Ohio is now proposing to extend OAC Section 1501:13-
9-10 to also apply to non-coal surface mining as well as coal surface 
mining. Ohio is also proposing other amendments to OAC 1501:13-9-10. 
The specific amendments to OAC 1501:13-9-10 are identified below.
    The regulation at 13-9-10(A), General, is amended at 13-9-10(A)(1) 
by adding the word ``surface'' and by adding the phrase ``in coal and 
industrial minerals mines'' to the first sentence. As amended, 13-9-
10(A)(1) provides as follows:

    (1) All surface blasting operations in coal and industrial 
minerals mines, including surface blasting operations incident to 
underground mining and blasting operations on coal exploration 
operations, shall be conducted by a certified blaster who has 
obtained certification pursuant to the requirements of this rule.

    The regulation at 13-9-10(A), General, is amended by adding new 13-
9-10(A)(3) to provide as follows:

    (3) The chief may grant reciprocity to any blaster who holds a 
valid certification issued under any state or federal blaster 
certification program approved by the U.S. Department of the 
Interior's Office of Surface Mining. However, to obtain 
certification under this rule, the blaster must apply for and pass 
an examination on Ohio blasting regulations pertaining to coal and 
industrial minerals mines, and meet any other requirement deemed 
necessary by the chief.

    The regulation at 13-9-10(B), Training, is amended by deleting the 
word ``coal'' immediately before the words ``mining operations'' in the 
first sentence. As amended, the sentence provides that ``[t]he chief 
shall conduct workshops, as necessary, to inform blasters of changes in 
blasting rules and certification procedures, and shall ensure that 
courses are available to train persons responsible for the use of 
explosives in mining operations.''
    The regulation at 13-9-10(B)(7), Training, is amended by adding the 
words ``in coal and non-coal surface mines.'' As amended, 13-9-10(B)(7) 
provides as follows: ``(7) All federal and state rules applicable to 
the use of explosives in coal and non-coal surface mines:''
    The regulation at 13-9-10(B)(9), Training, is amended by deleting 
the word ``Schedules'' and replacing that word with the words ``Blast 
schedules.''
    The regulation at 13-9-10(B)(14), Training, is amended by deleting 
the word ``Unpredictable'' immediately before the word ``hazards,'' and 
replacing that word with the word ``Potential.'' In addition, a new 
item at 13-9-10(B)(14)(e) is added to read as follows: ``(e) Toxic 
gases.'' The word ``and'' is deleted at the end of subdivision (14)(c), 
and the word ``and'' is added at the end of subdivision (14)(d). As 
amended, 13-9-10(B)(14) provides as follows:
    (14) Potential hazards, including:
    (a) Lightning;
    (b) Stray currents;
    (c) Radio waves;
    (d) Misfires; and
    (e) Toxic gases.
    The regulation at 13-9-10(C)(1), concerning minimum training for 
certification, is amended by adding the words ``a minimum of 30 hours 
of'' immediately before the word ``training.'' The word ``in'' 
immediately following the word ``training'' is deleted and replaced 
with the word ``covering.'' The words ``division of reclamation'' are 
deleted and are replaced with the word ``chief.'' As amended, 13-9-
10(C)(1) provides as follows:

    (1) Received a minimum of 30 hours of training covering all the 
topics set forth in paragraph (B) of this rule in a course taught 
under the supervision of the chief, or in a course, or series of 
courses, deemed equivalent by the chief;

    The regulation at 13-9-10(C)(2), concerning experience required for 
certification, is amended by deleting most of the existing language and 
adding language to provide as follows:

    (2) Worked on a blasting crew or directly supervised a blasting 
crew for at least two years in mining, excavation, or an equivalent 
working environment;

    The regulation at 13-9-10(C)(3), concerning on-the-job training is 
new and provides as follows:

    (3) Received direction and on-the-job training from a certified 
blaster;

    The regulation at 13-9-10(C)(5) ((C)(4) prior to the addition of 
new (C)(3)), concerning written examination, is amended by correcting a 
typographical error. The word ``if'' is deleted and replaced by the 
word ``of.''
    The regulation at 13-9-10(D)(1), concerning certification, is 
amended by deleting the words ``or a certifying authority designated by 
the chief,'' and replacing those words with the words ``or an 
authorized representative.'' The phrase ``to accept responsibility for 
blasting operations'' is amended to read ``to accept responsibility for 
surface blasting operations in mines.'' The words ``under this rule and 
rule 1501:13-9-06 of the Administrative Code'' are deleted. As amended, 
13-9-10(D)(1) provides as follows:

    (1) The chief, or an authorized representative, shall certify 
for three years those persons examined and found to be competent and 
to have the necessary experience to accept responsibility for 
surface blasting operations in mines.

    The regulation at 13-9-10(D)(2)(b), concerning recertification, is 
deleted in its entirety and replaced with new language to provide as 
follows:

    (b) Received a minimum of 24 hours of continuing education by 
attending blasting-related courses, seminars or conferences approved 
by the chief or an authorized representative, with at least 8 hours 
obtained from an organization or person other than the blaster's 
employer or its parent company or explosives supplier.

    The regulation at 13-9-10(E)(1), concerning conditions of 
certification, is amended by adding the word ``mine'' immediately 
before the words ``permit area.'' As amended, 13-9-10(E)(1) provides as 
follows:

    (1) A certificate of blaster certification, shall be carried by 
a blaster, or shall be on file at the mine permit area, during 
blasting operations.

    The regulation at 13-9-10(E)(2), concerning conditions of 
certification, is amended by deleting the words ``division of 
reclamation'' and adding in their place the word ``chief.'' As amended, 
13-9-10(E)(2) provides as follows:

    (2) Upon request by an authorized representative of the chief or 
other regulatory authority having jurisdiction over the use of 
explosives, a blaster shall immediately exhibit his or her 
certificate to the authorized representative.

    The regulation at 13-9-10(E)(5), concerning conditions of 
certification, is amended by deleting the words ``and certifying 
authority designated by the chief.'' As amended, 13-9-10(E)(5) provides 
as follows:

    (5) A certified blaster shall take every reasonable precaution 
to protect his or her certificate from loss, theft, or unauthorized 
duplication. Any such occurrence shall be reported immediately to 
the chief.

    The regulation at 13-9-10(F)(1), concerning suspension and 
revocation, is amended by deleting the words ``or a certifying 
authority designated by the chief.'' As amended, 13-9-10(F)(1) provides 
as follows:

    (1) Following written notice and opportunity for a hearing, the 
chief may, and upon a finding of willful conduct shall, suspend or 
revoke the certification of a blaster during the term of the 
certification, or take other necessary action for any of the 
following reasons:

    The regulation at 13-9-10(F)(1)(b), concerning suspension and 
revocation, is amended by adding the words ``a blasting-related permit 
condition'' immediately following the words ``laws or regulations.'' As 
amended, 13-9-10(F)(1)(b) provides as follows:


[[Page 43065]]


    (b) Violation of any provision of State or Federal explosives 
laws or regulations, a blasting-related permit condition, or any 
condition of certification;

    The regulation at 13-9-10(F)(1)(f), concerning suspension and 
revocation, is new and provides as follows:

    (f) Conducting a blast where flyrock was cast beyond the permit 
boundary of any mine.

    The regulation at 13-9-10(F)(3), concerning suspension and 
revocation, is amended by deleting the words ``or a designated 
certifying authority,'' and adding in their place the words ``and may 
work on a blasting crew only under the direct supervision of a 
certified blaster.'' As amended, 13-9-10(F)(3) provides as follows:

    (3) Upon notice of a suspension or revocation, the blaster shall 
immediately surrender the suspended or revoked certificate and all 
copies thereof to the chief, and may work on a blasting crew only 
under the direct supervision of a certified blaster.

    The regulation at 13-9-10(F)(4), concerning suspension and 
revocation, is amended by deleting the phrase ``during the term of the 
suspension,'; deleting paragraph (4)(a); paragraph (4)(b) becomes 
(4)(a); paragraph 4(c) becomes paragraph 4(b) and then replacing the 
word ``a'' with the word ``the'' at (4)(b); and adding a new paragraph 
(4)(c). As amended 13-9-10(F)(4) provides as follows:

    (4) To repossess a suspended certificate the blaster must:
    (a) Exhibit a pattern of conduct consistent with the acceptance 
of responsibility for blasting operations;
    (b) Pass the written examination administered under paragraph 
(C) of this rule; and
    (c) Meet any other requirements imposed by the chief under the 
terms of the suspension.

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your 
comments on whether the amendment satisfies the applicable program 
approval criteria of 30 CFR 732.15. If we approve the amendment, it 
will become part of the Ohio program.

Written Comments

    Send your written or electronic comments to OSM at the address 
given above. Your written comments should be specific, pertain only to 
the issues proposed in this rulemaking, and include explanations in 
support of your recommendations. We may not consider or respond to your 
comments when developing the final rule if they are received after the 
close of the comment period (see DATES). We will make every attempt to 
log all comments into the administrative record, but comments delivered 
to an address other than the Appalachian Regional Coordinating Center 
may not be logged in.

Electronic Comments

    Please submit Internet comments as an ASCII, Word file avoiding the 
use of special characters and any form of encryption. Please also 
include ``Attn: SATS NO. OH-249-FOR'' and your name and return address 
in your Internet message. If you do not receive a confirmation that we 
have received your Internet message, contact the Appalachian Regional 
Coordinating Center at (412) 937-2153.

Availability of Comments

    We will make comments, including names and addresses of 
respondents, available for public review during normal business hours. 
We will not consider anonymous comments. If individual respondents 
request confidentiality, we will honor their request to the extent 
allowable by law. Individual respondents who wish to withhold their 
name or address from public review, except for the city or town, must 
state this prominently at the beginning of their comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m. (local time), 
on August 5, 2003. If you are disabled and need special accommodations 
to attend a public hearing, contact the person listed under FOR FURTHER 
INFORMATION CONTACT. We will arrange the location and time of the 
hearing with those persons requesting the hearing. If no one requests 
an opportunity to speak, we will not hold a hearing.
    To assist the transcriber and ensure an accurate record, we 
request, if possible, that each person who speaks at the public hearing 
provide us with a written copy of his or her comments. The public 
hearing will continue on the specified date until everyone scheduled to 
speak has been given an opportunity to be heard. If you are in the 
audience and have not been scheduled to speak and wish to do so, you 
will be allowed to speak after those who have been scheduled. We will 
end the hearing after everyone scheduled to speak and others present in 
the audience who wish to speak, have been heard.

Public Meeting

    If only one person requests an opportunity to speak, we may hold a 
public meeting rather than a public hearing. If you wish to meet with 
us to discuss the amendment, please request a meeting by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings 
will be open to the public and, if possible, we will post notices of 
meetings at the locations listed under ADDRESSES. We will make a 
written summary of each meeting a part of the Administrative Record.

IV. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal regulation.

Executive Order 12866--Regulatory Planning and Review

    This rule is exempt from review by the Office of Management and 
Budget under Executive Order 12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 and has determined that this rule 
meets the applicable standards of subsections (a) and (b) of that 
section. However, these standards are not applicable to the actual 
language of State regulatory programs and program amendments because 
each program is drafted and promulgated by a specific State, not by 
OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 
the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10), 
decisions on proposed State regulatory programs and program amendments 
submitted by the States must be based solely on a determination of 
whether the submittal is consistent with SMCRA and its implementing 
Federal regulations and whether the other requirements of 30 CFR parts 
730, 731, and 732 have been met.

Executive Order 13132--Federalism

    This rule does not have Federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse

[[Page 43066]]

effects of surface coal mining operations.'' Section 503(a)(1) of SMCRA 
requires that State laws regulating surface coal mining and reclamation 
operations be ``in accordance with'' the requirements of SMCRA, and 
section 503(a)(7) requires that State programs contain rules and 
regulations ``consistent with'' regulations issued by the Secretary 
pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally recognized Indian tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes. 
The basis for this determination is our decision is on a State 
regulatory program and does not involve a Federal regulation involving 
Indian lands.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that 
agency decisions on proposed State regulatory program provisions do not 
constitute major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C)).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 et seq.).

Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The State submittal, which is the subject of this rule, is based upon 
counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. In making the determination as to whether this rule would 
have a significant economic impact, the Department relied upon the data 
and assumptions for the counterpart Federal regulations.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) Will not 
cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; and (c) Does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This determination is based upon the analysis performed 
under various laws and executive orders for the counterpart Federal 
regulations.

Unfunded Mandates

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the analysis performed 
under various laws and executive orders for the counterpart Federal 
regulations.

List of Subjects in 30 CFR Part 935

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: July 7, 2003.
Michael K. Robinson,
Acting Regional Director, Appalachian Regional Coordinating Center.
[FR Doc. 03-18468 Filed 7-18-03; 8:45 am]
BILLING CODE 4310-05-P